Merrill Lynch, Pierce, Fenner & Smith Incorporated et al v. N.R. Hamm Quarry, LLC

Filing 28

ORDER RE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 8/10/12. (jjoS, COURT STAFF) (Filed on 8/10/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, No. C 12-02127 JSW 10 ORDER RE MOTION FOR SUMMARY JUDGMENT 11 v. For the Northern District of California United States District Court Plaintiffs, 12 N.R. HAMM QUARRY, et al., 13 Defendants. 14 / 15 16 On August 9, 2012, Plaintiffs filed a motion for summary judgment. Although Plaintiffs 17 have noted in stipulations that they might file a cross-motion for summary judgment in response 18 to Defendants’ motion to dismiss, in general, this Court only permits one summary judgment 19 motion per side. (See Civil Standing Order ¶ 9.) 20 21 In light of this Standing Order, if Plaintiffs wish to withdraw their motion, they shall notify the Court and Defendants by no later than August 17, 2012. If Plaintiffs do not withdraw their motion by that date, the Court shall continue the 22 23 hearing on the motion to dismiss from October 26, 2012 to November 2, 2012, so that the Court 24 may consider the motion to dismiss and the motion for summary judgment at one hearing. 25 // 26 // 27 // 28 // 1 2 3 4 Pending further order of the Court, the briefing schedules on all motions remain unchanged. IT IS SO ORDERED. Dated: August 10, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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